[8]
On receiving this report, the GECOM Chairperson, a former Supreme Court Judge,
conferred with the GECOM Commissioners. The Chairperson then announced
publicly that some of the allegations set out in the CEO’s report were serious, but
the Commission did not have the machinery to adjudicate them. The Commission,
she noted, lacked the powers of a court of law to examine and re-examine witnesses
or to procure official documents to determine the truth of the allegations. She
pointed out that the Constitution had vested in the High Court an exclusive
jurisdiction to determine the legality of an election and the Commission could not
arrogate onto itself the power to annul the Elections. In this regard, she cited the
judgment of Chief Justice Bollers in Petrie v The Attorney General7. By letter of
16 June, the Chairperson issued the following directive to the CEO:
Pursuant to Article 177 (2) (b) of the Constitution and Section 96 of the
Representation of the People Act, Chapter 1 :03, you are hereby requested
to prepare and submit your report by 13:00 hrs. on 18th June, 2020 using
the results of the recount for consideration by the Commission.
[9]
[10]
Section 96 of the Representation of the People Act8 provides that:
(1)
The Chief Election Officer shall, after calculating the total number
of valid votes of electors which have been cast for each list of
candidates, on the basis of votes counted and the information
furnished by returning officers under section 84(11), ascertain the
result of the election in accordance with sections 97 and 98.
(2)
The Chief Election Officer shall prepare a report manually and in
electronic form in terms of section 99 for the benefit of the
Commission, which shall be the basis for the Commission to declare
and publish the election results under section 99.
Before the CEO could submit his report as directed by GECOM’s Chairperson, Ms
David filed her Application to the Court of Appeal purporting to invoke that court’s
exclusive jurisdiction under Article 177(4) of the Constitution.
7
8
[1968] GLR 504, 519
Representation of the People Act, Rev Ed 2012, Cap 1:04 (Guy)(‘RPA’).